Scottish Executive

Environment

Dr Sylvia Jackson (Stirling) (Lab): To ask the Scottish Executive, further to the answer to question S1W-19514 by Rhona Brankin on 26 November 2001, what action it is taking to protect Scotland's soil resource.

Allan Wilson: The study on the development of a soil protection strategy for Scotland by Stirling University was finalised in February and future action is now being considered. The recommended review of the available survey data being carried out by the Macaulay Land Use Research Institute has yet to be received but I am led to believe it is now nearing completion. Once it is available we will take forward consideration of the need for a soil protection strategy for Scotland.

Fisheries

Richard Lochhead (North-East Scotland) (SNP): To ask the Scottish Executive whether any of its officials attended the Working Party on Internal Fisheries Policy in Brussels on 25 July 2002.

Ross Finnie: Two Scottish Executive officials attended this meeting as part of the UK delegation.

Foot-and-Mouth Disease

Robin Harper (Lothians) (Green): To ask the Scottish Executive how many cattle herds in former foot-and-mouth disease infected areas have been re-stocked since the lifting of foot-and-mouth restrictions; how many herds have been tested for bovine tuberculosis, and how many cattle were confirmed positive.

Ross Finnie: Two hundred and four cattle herds have been restocked since foot-and-mouth disease restrictions were lifted and 197 herds have been tested for bovine tuberculosis. Thirteen Reactors have been identified in three of these herds. A further five herds have had their testing delayed due to calving patterns but these will be tested in the autumn.

Foot-and-Mouth Disease

Robin Harper (Lothians) (Green): To ask the Scottish Executive whether cattle purchased for restocking in former foot-and-mouth disease areas must be first confirmed as not carrying bovine tuberculosis and what its policy is on this matter.

Ross Finnie: Cattle purchased for restocking must come from unrestricted herds which have a clean testing history. They are tested again three months after the new herd is established at the new location.

Higher Education

Mr Kenneth Macintosh (Eastwood) (Lab): To ask the Scottish Executive when the outcome of the first stage consultation paper, published last year as part of its Scottish Higher Education Review, will be made available.

Iain Gray: I can announce that a report on the outcomes of the first consultation paper, focussing on the past performance of the Scottish Higher Education Funding Council (SHEFC), is now available. This is being sent to all respondents, is available on the Scottish Executive website (www.scotland.gov.uk/who/elld/hereview.asp) and copies placed in the Parliament's Reference Centre (Bib. number 23187). The written responses received by the Executive are also available on the Scottish Executive website.

  The general outcome of the review is positive with the SHEFC being perceived to have performed well and to have sound internal processes and procedures. The report also highlights where further improvements in the operation of SHEFC can be made.

  This marks the completion of the Quinquennial Review of SHEFC and of stage one of the Higher Education Review process looking at the past performance of SHEFC. We are currently concluding the second stage of consultation based on the document Shaping Our Future which was issued at the end of April 2002.

Housing

Dorothy-Grace Elder (Glasgow) (Ind): To ask the Scottish Executive what type of model constitution is being used by steering groups in Glasgow that are trying to register as local housing organisations with Communities Scotland.

Ms Margaret Curran: Steering groups are currently working on draft constitutions to enable them to register with Communities Scotland. There are two models of constitution which can be adopted. These are:

  A society registered under the Industrial and Provident Societies Act 1965, having its registered office in Scotland, or

  A company registered under the Companies Act 1985, having its registered office in Scotland.

Housing

Dorothy-Grace Elder (Glasgow) (Ind): To ask the Scottish Executive what guidance has been produced to assist steering groups in Glasgow that are trying to register as local housing organisations with Communities Scotland.

Ms Margaret Curran: Each local housing organisation (LHO) has been issued with a copy of Communities Scotland Guide to Registration. Communities Scotland has also issued a supplementary checklist of registration requirements. Steering groups are also receiving training on registration requirements

Housing

Dorothy-Grace Elder (Glasgow) (Ind): To ask the Scottish Executive how many local housing organisations in Glasgow have been registered with Communities Scotland.

Ms Margaret Curran: No local housing organisations have yet been registered with Communities Scotland.

Housing

Dorothy-Grace Elder (Glasgow) (Ind): To ask the Scottish Executive how many (a) local housing steering groups have been established in Glasgow, (b) such steering groups have a full compliment of members, (c) Glasgow City Council tenants are on each such group and (d) such groups comprise of members that are not council tenants.

Ms Margaret Curran: The information requested is as follows:

  (a) There are 69 local housing organisation steering groups.

  (b) Communities Scotland requires committees to consist of seven or more members for registration purposes. Fifty-eight of the steering groups have seven or more members. This figure changes regularly but the trend is for increasing numbers of groups to meet the criteria.

  (c) As of 14 August, there are 771 members of the 69 steering groups. Of these, 624 are Glasgow City Council tenants.

  (d) Fifty-three of these groups include members that are not council tenants.

Housing

Dorothy-Grace Elder (Glasgow) (Ind): To ask the Scottish Executive what measures are available to any person excluded from joining the committee of (a) a local housing steering group, (b) a local housing organisation, (c) a housing association and (d) an area housing partnership.

Ms Margaret Curran: The information requested is as follows:

  (a) Steering groups are at different stages in adopting formal constitutions and membership policies. If a constitution and membership policy has been adopted, this should provide a right of appeal for any person excluded. If a constitution and membership policy is not yet in place, any person excluded could appeal to the organisation which established the steering group.

  (b) If a local housing organisation (LHO) is unregistered the same principles will apply to that of a steering group. If an LHO is registered with Communities Scotland the same principles governing a housing association will apply (See paragraph c).

  (c) A person can complain to a housing association using the association’s complaints procedure to the point where the complaint is resolved or the procedure is exhausted. If a person is still not satisfied with the outcome they can refer the matter to Communities Scotland.

  (d) If a person is excluded from an Area Housing Partnership they may appeal to the Strategic Housing Partnership – i.e. a partnership between Glasgow City Council and Communities Scotland.

Housing

Dr Sylvia Jackson (Stirling) (Lab): To ask the Scottish Executive what measures it is introducing to provide affordable houses in rural areas.

Dr Sylvia Jackson (Stirling) (Lab): To ask the Scottish Executive what action it is taking to ensure that key workers in rural areas have access to the housing market.

Ms Margaret Curran: It is for local authorities to analyse housing needs in their areas and make plans to meet those needs. However, there are a number of national initiatives that can help increase the supply of affordable housing in rural areas.

  Communities Scotland’s Rural Development Programme has been increased from £36 million in 1998-99 to £48 million in 2002-03. The bulk of this investment is in affordable housing provided by Registered Social Landlords. This programme provided 1,178 new and improved homes across Scotland in 2001-02, and has a target of 1,266 homes for 2002-03. The current New Housing Partnership initiative will also have provided 1,360 new and improved homes in rural areas by the time it comes to an end in 2003.

  Communities Scotland’s programme includes means-tested Rural Home Ownership Grants to assist people with a local connection or with local employment to own a home which will be their sole residence. It helps them to build a house or have one built where there is an insufficient supply, or to buy a house that has been on the market for at least six months. Rural Empty Properties Grant is available to private landlords to bring empty property back into good condition for renting, for the benefit of the local community. Both these grant schemes can be a source of accommodation for key workers where the grant criteria are met.

  Through New Housing Partnership funding to Highland Council and subsequent joint funding by Communities Scotland, the Highland Small Communities Housing Trust has been supported to deliver tailored housing solutions in small rural communities. It has assisted the provision of accommodation for workers and a school teacher in Ardnamurchan. Rural Partnership for Change, which was established by the Scottish Executive, is working with the Highland Small Communities Housing Trust and is considering the wider implications of its approach.

Justice

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive whether, in its consideration of the permanent closure of court facilities in Peebles, it is taking into account usage made by the Peebles District Court.

Mr Jim Wallace: Yes.

Justice

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive (a) where the sheriff court service accounts can be accessed and (b) whether such accounts form part of the justice budget.

Mr Jim Wallace: The administration of the sheriff courts is the responsibility of the Scottish Court Service whose accounts are published and laid before the Scottish Parliament annually. The service’s Annual Report and Accounts for 2000-01 is available from the Parliament’s Reference Centre. The report for 2001-02 is currently being prepared.

  The Scottish Court Service is an Executive Agency of the Scottish Executive Justice Department and its funding and expenditure forms part of the Justice budget.

Livestock

Robin Harper (Lothians) (Green): To ask the Scottish Executive how many confirmed incidents of bovine tuberculosis were identified in each local authority area in each quarter in (a) 2000, (b) 2001 and (c) to date in 2002.

Ross Finnie: The number of confirmed incidents of bovine tuberculosis in Scotland since the year 2000 is shown in the following table.

   
Local 2000
2001 2002
 Authority
Jan to Mar Apr 
to Jun Jul to Sep
Oct to Dec Jan 
to Mar Apr to Jun
Jul to Sep Oct 
to Dec Jan to Mar
Apr to Jun Jul 
to Sep Oct to Dec
 Aberdeenshire
1 1
1 
 Argyll and 
Bute 
1  
 Clackmannanshire
1   
 Dumfries 
and Galloway
1 5
2 
 East Ayrshire 
1
1 
 East Lothian 

1
1  
 Highland 
1  
 Renfrewshire 
1

Livestock

Robin Harper (Lothians) (Green): To ask the Scottish Executive how many cattle herds are in (a) six month, (b) twelve month, (c) two year, (d) three year and (e) four year testing areas and how many under each testing regime are overdue for a bovine tuberculosis test.

Ross Finnie: Due to the low incidence of bovine tuberculosis in Scotland, all herds are subject to testing on a four yearly cycle.

  As at 30 June 2002, 1,652 tests were overdue.

Prison Service

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive, further to the answer to question S1W-25982 by Mr Jim Wallace on 29 May 2002, whether it is the policy of the Scottish Prison Service to move to another prison a prisoner that has been involved in (a) an assault or (b) a serious assault on an officer and whether any such policy would apply to HM Prison Kilmarnock.

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  A prisoner is not automatically moved to another prison following an assault or a serious assault. Each case is considered individually depending on the circumstances. This applies to every prison in Scotland, including HM Prison Kilmarnock.

Prison Service

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive, further to the answer to question S1W-24103 by Mr Jim Wallace on 8 April 2002, what the outcome was of the Scottish Prison Service's discussions with Kilmarnock Prison Services Ltd to assess any implications of the proposed purchase by Group 4 Falck of the Wackenhut Corporation, one of the parent companies of Premier Custodial Group.

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  Further discussion has been postponed pending the decision of the Competition Commission.

Prison Service

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive whether, prior to carrying out the financial review of the Scottish Prison Service estates review, PricewaterhouseCoopers disclosed that it was the auditor of Group 4 Falck to the Executive.

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  No. There was no need to do so.

Prison Service

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive whether there is any conflict of interest arising from PricewaterhouseCoopers carrying out the financial review of the Scottish Prison Service estates review, given that the firm is the auditor of Group 4 Falck.

Mr Jim Wallace: No. PricewaterhouseCoopers are a multi-national company performing thousands of audits world-wide and have internal procedures for preventing conflicts of interest.

Public Appointments

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive which appointments were referred to in page 8 of the Commissioner for Public Appointments’ Seventh Report 2001-2002 "where the Executive had failed to follow the Code of Practice in several key respects."

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether there were any public appointments made in the last year where the Commissioner for Public Appointments’ Code of Practice was broken, other than those in the appointments exercise referred to in page 8 of the Commissioner’s  Seventh Report 2001-2002 .

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it will list any public appointments made in the last year that were not advertised and made on the invitation of ministers.

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it will list any public re-appointments to non-departmental public bodies in the last three years that were not advertised and made on the invitation of ministers.

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it will list any public appointments to non-departmental public bodies made in the last three years that were judged to have broken the Commissioner for Public Appointments’ Code of Practice.

Mr Andy Kerr: My colleagues and I are absolutely committed to the delivery of a fair, open and transparent public appointments system. Arrangements are kept under continuous review and improvements introduced whenever and wherever appropriate.

  Neither the audit reports received by the Executive nor the Commissioner’s Annual Report refer to individuals or specific public bodies. The contents of the reports are a matter for the Commissioner who is generally satisfied that the Executive complies with her Code of Practice. She has also made it clear that no appointment made by Scottish ministers was brought into doubt as a result of the audit and that the concerns expressed in her report related solely to the process adopted. Action taken by the Executive to address these issues is set out in the following table.

  
 Key Audit Findings
Action Taken by Executive  A 
sponsor team within the Executive failed to comply with the Code of Practice in 
several significant respects when making a number of appointments to an advisory 
NDPB. All sponsor teams have been firmly 
reminded that they must comply with the Code of Practice. 
Ministers not offered a choice of candidates
Sponsor teams have been firmly reminded that, if more than one candidate meets 
the criteria for appointment, ministers must be given the choice of who to appoint. 
If only one candidate meets the criteria for appointment, ministers must be given 
the option of re-opening the competition. Where re-opening the competition is 
unlikely to bring forward new candidates because of the open process that has 
been followed, this should be made clear to ministers. Teams have also been asked 
to ensure that vacancies are made known to as wide a field of candidates as possible. 
As part of the parliamentary notification system introduced in May this year, 
the Executive’s Public Appointments Team sends details of all vacancies to 
all ministers, Parliament and a number of outside bodies. The team also maintains 
details of vacancies on the Executive’s Public Bodies website. 
 Failure of an applicant to complete an application 
form Sponsor teams have been firmly reminded 
that application forms must be completed by all applicants by the agreed closing 
date, irrespective of the circumstances. 
Failure to obtain completed political activity forms prior to appointment
This problem was uncovered before the audit took place and the commissioner 
and her auditors were informed in advance. In response to this issue, I announced 
on 26 March action to centralise the appointments process. In addition, checks 
are now in place to ensure that the political activity forms for all appointees 
are completed in advance.  Lack 
of proper record keeping Sponsor teams have 
been firmly reminded of the need to ensure that all appointments are fully documented 
and key decisions and actions are recorded. 
Lack of central guidance The Commissioner’s 
Code of Practice and the Cabinet Office Best Practice Guide are already available 
to, and used by, sponsor teams. Guidance on specific issues is circulated to sponsor 
teams whenever necessary. Consolidated guidance on appointment arrangements is 
being prepared by the Executive. This should be available in the autumn and a 
copy will be placed in the Parliament’s Reference Centre. 
Performance Appraisals of appointees not conducted on an on-going basis
Sponsor teams have been firmly reminded about the requirements of the Code 
of Practice and the guidance contained in the Best Practice Guide. To underline 
the need for regular appraisal, this issue will be covered in the Executive’s 
own guidance on appointment arrangements currently in preparation and an annual 
standard performance assessment proforma will be introduced as a minimum requirement.
 Press releases not containing prescribed 
material Sponsor teams have been firmly reminded 
about the requirements of the Code of Practice in relation to press releases announcing 
public appointments. All press releases are now also cleared by the Public Appointments 
Team as part of the Parliamentary Notifications system.

Social Work

Irene McGugan (North-East Scotland) (SNP): To ask the Scottish Executive how much it pays to the London based company reSearchWeb for work in respect of the social work research website www.researchweb.org.uk and why this contract was awarded to a company outwith Scotland, given its position on the importance of the knowledge-based economy in Scotland.

Cathy Jamieson: The contract for reSearchWeb was awarded in 1999 as part of the Scottish Executive's contribution to this UK organisation agreed with other parts of the UK. The National Institute for Social Work (NISW) owns the international research database at the heart of reSearchWeb. The Scottish Executive paid the NISW £50,000 in each of the financial years 1998-99 and 1999-2000. No funding was awarded in the financial year 2001-02.

  The National Institute for Social Work has now been replaced by the Social Care Institute for Excellence (SCIE). The Executive will be reviewing its contract with SCIE later this financial year.

Student Loans

Andrew Wilson (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-27236 by Iain Gray on 29 July 2002, why all accounts of students that progress from higher education courses at college to higher level courses at university cannot be merged successfully and, in particular, (a) what the difficulties are in matching and merging personal data, (b) for how long this situation has existed and (c) what action it has taken in respect of this matter.

Iain Gray: Difficulties in matching accounts usually occur because of discrepancies in the information provided on the original and the most recent loan application form which would otherwise have enabled the applications to be matched to the same borrower. This can be a difference in the format of a borrower’s name or contact details, or the omission of the declaration that a student loan has been taken out before. The automatic system checks which prevent these accounts being merged are in place for the security of applicants to ensure that new loan applications are not attributed to other borrowers’ accounts.

  This situation has existed since the introduction of the student loans scheme. It is, however, highly unlikely to occur with the current system of income contingent repayment student loans where repayments are collected directly by Inland Revenue.

  The Student Loans Company has a dedicated team which deals with "stand alone" accounts and is working to enhance its computer system to improve automatic matching.

Student Loans

Andrew Wilson (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-27236 by Iain Gray on 29 July 2002, whether any former students that incurred default notice debts as a result of the Student Loans Company (SLC) computer system being unable to rationalise, match and merge personal data should be required to pay financial penalties as a result of this situation and what the reasons are for its position on this matter.

Iain Gray: No student should be required to pay a financial penalty as a result of the SLC system failing to match data. Where a default notice has been issued to a borrower who holds an unmatched or "stand alone" account which is up to date with repayments or in deferment, SLC should reverse the default notice and bring the account into line with its partner.

Student Loans

Andrew Wilson (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-27236 by Iain Gray on 29 July 2002, whether the acceptance criteria for student loan applications and subsequent validation process should have prevented any students that progressed from a higher education course at college to a higher level course at university in any form of default from being permitted to access further monies.

Iain Gray: If a student loan applicant is recorded on the Student Loans Company system as holding an existing account which is in arrears or default, the system should automatically withhold payment of further support until the existing default debt is settled.

Student Loans

Andrew Wilson (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-27236 by Iain Gray on 29 July 2002, why former students that incurred default notice debts as a result of the Student Loans Company (SLC) computer system being unable to rationalise, match and merge personal data are informed on enquiry that there is no appeals process in respect of such default notices and penalties and what action it plans to take in respect of this matter.

Iain Gray: Former students who incur default notice debts as a result of SLC system failing to match data should not be advised that there is no appeals process in respect of such default. The Student Loans Company has an objective and thorough formal complaints procedure which provides for investigation of situations such as this. Where complainants are not satisfied with the outcome of the investigation they can ask for their complaint to be reviewed by a senior manager, the Chief Executive and, ultimately, an impartial independent assessor.

Traffic

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether any public inquiries have been commissioned into traffic issues in the North and South Lanarkshire Council areas in each of the last two years.

Hugh Henry: Yes. A total of three public local inquiries has been commissioned to address unresolved objections to Stopping Up Orders under the Town and Country Planning (Scotland) Act 1997. These affected Philipshill Road and Glen Road, East Kilbride (2001); Tryst Road, Cumbernauld (2002), and the footpath between Neidpath Avenue and Beauly Place, Coatbridge (2002).

  In addition, South Lanarkshire Council has commissioned two public hearings in 2002 to address unresolved objections to Local Authority Traffic Orders made under the Road Traffic Regulation Act 1984. These affected various streets in Cambuslang, and Queen Street and Kirkwood Street in Rutherglen town centre.

  South Lanarkshire Council and East Renfrewshire Council also jointly commissioned a public local inquiry in 2000 under The Compulsory Purchase by Public Authorities (Inquiry Procedure) (Scotland) Rules 1998 into proposals for the construction of the Glasgow Southern Orbital road.

Traffic

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether any legislation exists in relation to traffic and parking around schools.

Lewis Macdonald: Under the Road Traffic Regulation Act 1984, local roads authorities have a general duty to secure the expeditious, convenient and safe movement of traffic. This general duty is met by the local authority making traffic regulation orders for reasons which can include the restriction of parking on certain roads.